Is it legal for my ex-husband to pay my alimony via wages from his company even though I don’t actually work for him?

UPDATED: Nov 5, 2011

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Is it legal for my ex-husband to pay my alimony via wages from his company even though I don’t actually work for him?

My ex told me he preferred to pay me as an employee and has me listed as an officer of his company even though I don’t work for him. He told me he preferred this method of alimony.

Asked on November 5, 2011 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Legally, as long as you receive the correct gross amount from the company--the amount set forth in your divorce settlement or decree--he has *arguably* fulfilled his obligation vis-a-vis support. It is important to make sure you are getting the approppriate gross amount, however, since if you are paid as an employee, certain amounts (e.g. FICA) have to be withheld.

The reason I say

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